But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. -Declaration of Independence of the United States of America

Wednesday, July 21, 2010

Changing the Laws: Part 2 - The Wisconsin Registry

Registration is one of the big sticking points in the plight of the sex offender. Forced to put their name, address, place of work, photograph, and crimes out there for all to see and possibly use for vigilante purposes. In Wisconsin the law is detailed and lengthy. Of course we would like to see the public internet sites go away, but I do not foresee that happening, but we can try to change what kind of information is available to the public. As we all know that the convenience of that registry to the uneducated eye is all to appealing to them, but the usefulness of that registry is minimal with the sheer volume of people on it that shouldn't be.

So let's get started!

I read through this entire statute, needless to say the details are alarming. But that just gives more room to work with when trying to convince lawmakers that there are changes that need to be made that can make people safer and registrants less persecuted.

I know that a lot of people find the reading of statutes to be like going to the dentist, they dread it, it almost pains them to try to read it because of the continual references to other parts of the law to reduce redefining certain constants and exceptions in the law.

It would appear that most laws are laid out the same way, in the beginning of the statute there are definitions of the unique terms they will be using later on, exceptions and exclusions that will keep the law from applying in the same way to certain groups of people and in this case the other statutes in Wisconsin law that this statute applies to. Most of these references are in the beginning but can also be found throughout the entire statute.

301.45 Sex offender registration.
(1d) DEFINITIONS. In this section:(a) “Employed or carrying on a vocation” means employment
or vocational activity that is full−time or part−time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.(am) “Found to have committed a sex offense by another jurisdiction” means any of the following:1. Convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of a law of another state that is comparable to a sex offense.2. Convicted or found not guilty by reason of mental disease or defect for a violation of a federal law that is comparable to a sex offense.3. Convicted or found not guilty or not responsible by reason of mental disease or defect in the tribal court of a federally recognized American Indian tribe or band for a violation that is comparable to a sex offense.4. Sentenced or found not guilty by reason of mental disease or defect by a court martial for a violation that is comparable to a sex offense. (b) “Sex offense” means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim’s parent.(c) “Student” means a person who is enrolled on a full−time or part−time basis in any public, private, or tribal educational institution, including a secondary school, a business, trade, technical or vocational school, or an institution of higher education.

As you can see the definitions are specifically defined to try to keep consistency in the law. The next section is who the law applies to, "Who Is Covered".

(1g)WHO IS COVERED. Except as provided in subs. (1m) and (1p), a person shall comply with the reporting requirements under this section if he or she meets one or more of the following criteria:(a) Is convicted or adjudicated delinquent on or after December 25, 1993, for a sex offense.
(b) Is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, or aftercare supervision on or after December 25, 1993, for a sex offense.
(bm) Is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of a law of this state that is comparable to a sex offense.
(c) Is found not guilty or not responsible by reason of mental disease or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for a sex offense.

As you can see in the very first segment of this part it lists two exceptions to who is covered. The first one being about underage sexual activity:

(1m) EXCEPTION TO REGISTRATION REQUIREMENT; UNDERAGE SEXUAL ACTIVITY.(a) A person is not required to comply with the reporting requirements under this section if all of the following apply:1. The person meets the criteria under sub. (1g) (a) to (dd) based on any violation, or on the solicitation, conspiracy or attempt to commit any violation, of s. 948.02 (1) or (2), 948.025, or 948.085 (2).1g. The violation, or the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2), 948.025, or 948.085 (2) did not involve sexual intercourse, as defined in s. 948.01 (6), either by the use or threat of force or violence or with a victim under the age of 12 years.2. At the time of the violation, or of the solicitation, conspiracy or attempt to commit the violation, of s. 948.02 (1) or (2), 948.025, or 948.085 (2), the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child. 3. It is not necessary, in the interest of public protection, to require the person to comply with the reporting requirements under this section.(b) If a person believes that he or she is not required under par. (a) to comply with the reporting requirements under this section and the person is not before the court under s. 51.20 (13) (ct), 938.34 (15m), 971.17 (1m) (b) or 973.048, the person may move a court to make a determination of whether the person satisfies the criteria specified in par. (a). A motion made under this paragraph shall be filed with the circuit court for the county in which the person was convicted, adjudicated delinquent or found not guilty or not responsible by reason of mental disease or defect.

As you can see here, unless you are aged nineteen and under you can't ever be exempt from this law. A seventeen year old child is still considered a child in the state of Wisconsin, because of this a 21 year old that is dating a 17 year old can be charged with 2nd Degree Sexual Assault of a Child, be required to be a life time registrant, yet they could have been dating all through high school. Their lives effectively ruined, and in today's economy with the job market that we currently have, their contribution to their communities will never happen and instead of becoming productive members of society they now are a burden to society and the tax payer. This is a portion of the law that can be changed, by presenting the solution to lawmakers that the registration process should be on a case by case basis, that life time registration should be done ONLY on a case by case basis after close psychological examination.

So what I might propose in this part would be to eliminate mandatory lifetime registration. Set it up that the max is 15 years from the date of conviction. If the crimes are such that lifetime registration is thought to be a need then let a panel of independent psychological examiners interview and examine the offender, to determine their risk to the public. These tests are in existence and being used currently in Pre-sentence Investigations. Do any of you reading here see other places within that part of the statute that could use changes? Please post your comments.

The next exception to the "Who Is Covered" section is the following:

(1p) EXCEPTION TO REGISTRATION REQUIREMENT; PRIVACY−RELATED
OFFENSES. (a) If a person is covered under sub. (1g) based solely on an order that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d), the person is not required to comply with the reporting requirements under this section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the conviction is expunged under s. 973.015 (2).
(b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938,the commitment order under s. 971.17 is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

This section also refers only to underage offenders and offenders that are determined to have a mental disease or defect. Not much to change here unfortunately.

Moving on, to the heart of the Registry law, the "What information must be provided by whom and when" section of the law. This section is where all the money will be sunk to try to keep up with all the registrants on the list currently with more being added every day and very very few ever being taken off.

Because the next section of the Registry law is so extensive, I will be continuing it with my next posting.

Please do not be afraid to comment, give suggestions and participate. I will try to answer as many comments as I can and I do read them all. If you don't feel comfortable commenting in public, please PM me and let me know what you think. The people that lobbied for these laws to begin with were emotionally motivated by the loss of a loved one. We need to be motivate because we have lost loved ones in this system of persecution, don't be afraid to stand up, they certainly weren't when they were infringing on the rights of others, what has the sex offender group really have to lose that hasn't already been taken away?